Service Level Agreement

Service Level Agreement

This Hosting and Customer Service Support Appendix is supplemental to the general terms and conditions set out in the MA Master Service Agreement. These terms are subject to change at MA’s discretion so the service levels and procedures set out herein should be reviewed by you from time to time.

I. SERVICE DESCRIPTION

The Hosted Service, (provided via the MA (dba Fiix) CMMS Cloud™) will host your MA (dba Fiix) CMMS™ core application, including optional apps and add-ons provided by MA, as well as all generated data and databases, and will be provided twenty-four (24) hours per day, seven (7) days per week in accordance with the Service Levels set out below.

II. SERVICE LEVELS

Automatic Updates: Automatic Updates to the Hosted Service shall occur periodically on a Saturday or Sunday between 19:00 and 24:00 EST and will result in a planned outage of the Hosted Service of less than 5 minutes. Notification of Automatic Updates will not be provided to you.

Planned Service Outages: You will be provided with no less than twenty-four (24) hours advanced notice for Planned Service Outages not inclusive of Automatic Updates. All Planned Service Outages shall occur between 19:00 and 24:00 EST. You will be provided with at least forty-eight (48) hours advanced notice for Planned Service Outages occurring outside of this timeframe.

Un-Planned Service Outages: When the Service Outage will exceed five (5) minutes, MA will give as much prior notice as possible for the Un-Planned Service Outage including emergency or critical issues.

Service Uptime: Outside of Planned Service Outages and Automatic Updates, the Hosted Service shall have an availability of ninety-nine point five percent (99.5%) in an annual billing cycle.

III. SUPPORT SERVICES

i. Contact and response times
Only customers who have paid for the applicable Hosted Service may contact the Support desk. Customer’s designated and named representatives may contact MA Monday-Friday (excluding statutory holidays) between the hours of 9am and 5pm Eastern Time via any of the following:

During Support Hours MA will provide Customer with such technical support, up to a monthly time limit as described on the MA website, by telephone or email, to resolve Customer’s difficulties and queries using the Hosted Service, hereinafter referred to as the “Service Request”. MA will NOT provide technical support for failure of the Hosted Service to conform to the Service Levels or perform as specified in any specification. For further support hours past the monthly allotted support time, MA will charge the Customer at the hourly rate that MA sets and communicates to the Customer prior to time being charged.

ii. Technical response times

MA will provide a Technical Response to a Service Requests received from the Customer. The time allocated to delivery of the Technical Responses shall be measured from the time of receipt of the relevant Service Request by MA during Support Hours. On receipt of the Service Request, the Service Request will be assigned a “Priority” where the Priority is a measure of the severity of the situation. The “Technical Response Time” will depend on the Priority as outlined in the following table:

In the event that MA does not provide a workaround or a correction in the allotted Technical Response Time for a Category 1, 2 or 3 Service Request, MA will continue to work to correct the issue each day during the week for a Category 1 issue or during Support Hours for a Category 2 or 3 issue. In the event that MA provides a workaround, MA will work to correct the issue as set out in the terms in the previous sentence until such time as a correction is provided. MA will give updates to Customer as and when appropriate for the Category of the Service Request. MA will work to resolve Service Requests on a ‘best-efforts’ basis at all times.

iii. Escalation process
To resolve client Service Requests as quickly as possible, MA will use a three-level process based on the severity of the issue. Escalation up the technical support chain is MA’s responsibility and will be initiated only when a Service Request has NOT been resolved within the Technical Response Time. The resolution process is described in the following matrix:

Priority

Definition

Action

Response

1

A key function or feature of the Hosted Service is inoperable and further operation cannot proceed until it is fixed.

Provide correction or workaround, as applicable

Within 4 hours

2

A function of the Hosted Service is inoperable and further operation of that function cannot proceed but operation of other functions can proceed before it is fixed.

Provide correction or workaround, as applicable

Within 8 hours

3

While a function of the Hosted Service is operable, the operation is inconsistent with the Service Levels and the inconsistency involves a material failure to comply with specifications for the same.

Provide correction or workaround, as applicable

Within 12 hours

4

An issue which does not affect the functionality of the Hosted Service.

Provide correction or workaround, as applicable

As MA determines in its sole discretion

Escalation

Responsibility

Escalation times for service request categories

Category 1

Category 2

Category 3

Category 4

Level 1

Customer Support Personnel

60 minutes

60 minutes

2 hours

2 hours

Level 2

Customer Support Specialist

2 hours

2 hours

4 hours

24 hours

Level 3

Software Engineer

4 hours

8 hours

12 hours

48 hours

iv. Exceptions

MA will not be responsible for correcting a Service Request arising from any of the following:

Problems resulting from any modifications of the Hosted Service made by any party other than MA.

Incorrect use of the Hosted Service; or to the extent the relevant environment is not within MA’s control.

Any fault in the equipment or in any programs used in conjunction with the Hosted Service.

The Technical Response Times for Category 1 and 2 Service Requests as set forth in the section above, will be extended by the length of any delay in the time to fix issues attributable to any acts or omission of Customer or any of its employees, agents or subcontractors. MA will also charge the Customer, at its sole discretion, for the time required to resolve problems as a result of the Customer’s actions, the fees of which will be determined by MA and communicated to the Customer for acceptance prior to work being carried out.

v. Service limits

MA will not be responsible for:

Responding to requests for assistance for any one other than Customer’s named and designated representatives.

Supporting any 3rd party software or technology (unless said technology has been provided by MA as part of the Hosted Service).

IV. HOSTING AND DATA

Data is backed-up regularly and stored by MA and its third party service providers primarily in Canada and the USA, in accordance with our Privacy Policy, Security Protocols and Master Service Agreement.

V. SANDBOX ENVIRONMENT SERVICE LEVEL

The Sandbox Environment will be provided twenty-four (24) hours per day, seven (7) days per week with no guarantee of Service or Uptime.